You’ve just had your baby in the UK, the photos are taken, the messages are sent, and you finally breathe.

Then someone asks a simple question:
“So… what passport will the baby have?”

And suddenly you’re down a late-night rabbit hole, trying to figure out:

• “Is my child automatically British?”

• “Do we need to apply for a visa right now?”

• “Can a child born in the UK stay without a visa?”

• “What if we leave the UK for a family emergency, can we come back?”

• “Will the NHS charge us after a few months?”

Let’s cut through the confusion and give you a clear, practical answer and a simple checklist of what to do with your application as a parent of a British child and how to protect your child’s immigration status.

The short answer

Yes, a child born in the UK can stay in the UK without a visa if they are British (or have a right to live in the UK permanently without immigration permission).

A child is usually automatically British at birth if, at the time of birth, one or both parents were British citizen or “settled” in the UK (for example, ILR or settled status).

But, if the child is NOT British, they may be able to remain in the UK without making an immediate immigration application, but that does not mean they have “status”

In practice, many UK-born babies can remain in the UK (legally) without applying right away, but parents often still choose to apply quickly because:

• NHS charging rules change after 3 months if the child’s status is not regularised

• Travel becomes a problem (your baby may not be able to re-enter the UK on a foreign passport without valid UK immigration permission)

• Future visas/settlement/citizenship can become harder if you leave it too late

So the real answer is: sometimes yes, but it depends on whether your child is British and what you need next, because these decisions affect your child’s life, including healthcare, travel, and future applications.

Step 1: Check if your UK-born child is automatically British

Being born in the UK does not automatically make a child British.

Your child is usually British automatically if, at birth, one parent was:

• A British citizen, or

• Settled in the UK (e.g., Indefinite Leave to Remain, settled status under EUSS, right of abode, etc.)

This comes from the British Nationality Act 1981 (the main law on British citizenship).

If your child is British

They do not need a visa. Your next steps are usually:

• Register the birth (normal UK process), then

• Apply for a British passport (using the child’s full birth certificate + proof of the parent’s British/settled status at the time of birth).

Step 2: If your child is NOT British, can they stay without a visa?

This is where most immigrant parents sit.

The key point: “visa” vs “immigration status”

Parents often say “visa”, but inside the UK, it’s usually about permission to stay (leave to remain).

If your child is not British, they are generally subject to immigration control and will need permission if they are seeking leave to remain/enter (especially relevant if travelling).

Can they remain in the UK without applying immediately?

Many official/public-facing healthcare resources clearly explain the practical position:

• A baby can remain in the UK without an immediate immigration application, but they are not entitled to free NHS healthcare after 3 months (except emergency treatment), unless their status is regularised.

• NHS guidance also references a 3-month exemption period for babies born in the UK to parents who’ve paid the Immigration Health Surcharge (IHS), giving time to regularise the child’s status.

So yes, in many cases, your UK-born child can “stay” without applying right away.
But you should usually plan to regularise their status quickly (especially if you need NHS access beyond 3 months, or you plan to travel).

Step 3: Choose the right route for your child

Option A: Add your child as a dependant on your own visa route

In most families, the simplest approach is: your child gets permission in line with the parent(s) (work route, student visa, family route, etc.).

Examples:

• Skilled Worker/other work routes (dependant child applications are supported in guidance)

• Family routes (Appendix FM/child on a family visa route, where relevant)

If you’re on a family route, GOV.UK confirms children can apply as dependants/as a child.

Common documents you’ll need:

• Full UK birth certificate showing parents’ names

• Parents’ passports + BRP/eVisa status share codes (as applicable)

• Proof of address/cohabitation (depending on route)

• Financial evidence (where required, depending on the visa route)

Option B: EU Settlement Scheme (EUSS) for eligible families

If you’re an EEA/Swiss family (or linked family member) and eligible under EUSS, there is a specific route for children.

GOV.UK notes applications for a child are often expected within 90 days in certain circumstances.

Option C: Register your child as British (if you become settled later)

Even if your child was not British at birth, they may later become entitled to register as British if a parent becomes British or settled while the child is still under 18.

This is a very common pathway for immigrant parents who later get ILR/settled status.

Option D: The “10-year child” registration route (born in UK + lived here)

A child born in the UK who spends their first 10 years here (with limited absences) can have a statutory entitlement to register as British in many cases.

That’s not an immediate solution for a newborn, but it’s important long-term context if your family’s status is complicated.

Option E: Private life routes/family life routes in difficult cases

If a child has lived in the UK a long time, or removal would be unreasonable, there may be human-rights-based routes (these are fact-specific and should be handled carefully). Home Office guidance exists for private life applications, including dependent children born in the UK in certain contexts.

The 3 biggest “gotchas” parents face

1) “My baby was born here, so they’re British.” (Not always)

UK birth alone doesn’t grant citizenship.

2) NHS bills after 3 months

If your child is not British/settled and you don’t regularise their status, NHS charging can apply after the initial exemption window (subject to the rules and what care is being accessed).

3) Travelling without your child’s UK immigration permission

Even if your baby can remain in the UK without applying immediately, leaving the UK can change everything. A non-British child may need valid permission to re-enter.

What we recommend most families do (practical checklist)

If your child is newly born in the UK and you’re not sure what applies, here’s a sensible order:

First, check whether your child is British at birth.
This depends on the parents’ immigration status at the time of birth.

If your child is British, your next step is usually to apply for a British passport.

If your child is not British, you’ll need to decide whether to apply for dependant permission now. This is often the safest option if you need NHS coverage beyond 3 months or want to avoid travel issues.

Waiting until your next visa extension is possible in some cases, but only if you fully understand the risks around healthcare and travel.

If a parent later becomes settled or British, you may then be able to register your child as a British citizen.

FAQs

Can a child born in the UK stay permanently without a visa?

Only if they are British (or otherwise not subject to immigration control). If not British, they’ll typically need to be granted permission on a route (dependant, family/private life, EUSS, etc.) to have secure long-term status.

If parents have ILR/settled status, does the child need ILR?

GOV.UK notes that if you were born in the UK after your parent settled, you generally do not need ILR and should check whether you are British / eligible for citizenship.

Do we need to apply within 3 months?

The immigration rules are case-specific, but healthcare charging guidance strongly incentivises regularising within the first 3 months if the child is not British/settled (to avoid NHS charges for non-emergency care after that period).

How Intime Immigration can help

If you’re a new parent on a UK visa, the hardest part isn’t the paperwork, it’s knowing what to do first and what you can safely leave for later.

At Intime Immigration, we help families like yours by:

• confirming whether your child is British automatically

• identifying the fastest and safest route to secure your child’s status

• helping you avoid common issues with NHS charging and travel

• preparing and submitting the right application the first time

Want a clear plan for your baby’s status?
Send us your situation and we’ll tell you the most suitable option and the next steps to take.

Book a consultation with a child visa solicitor at Intime Immigration